Topic: Constitutional Election

President Trump has proposed an executive order to end mail-in voting, claiming the system is prone to corruption. Legal experts, including UCLA Professor Rick Hasen, note that the Constitution grants states the primary authority to regulate election procedures, making a presidential decree legally unenforceable. While some states like Oregon have used mail-in systems for decades without widespread fraud, the issue remains a central point of political contention.

A discussion of Article 1, Section 4 of the U.S. Constitution clarifies that while states set election rules, Congress has the power to alter regulations for federal contests. Historically, Republicans utilized mail-in voting more than Democrats, though the trend shifted during the COVID-19 pandemic. Recent political strategies have seen both parties encouraging early voting to "bank" ballots before Election Day.

In the 1800 election, Vice President Thomas Jefferson faced a similar situation regarding contested electors from Georgia. Despite the certificates not conforming to constitutional requirements, Jefferson unilaterally declared them valid to ensure he would not face a five-person runoff in the House. This historical example is used to argue that the Vice President has the constitutional authority to determine which electoral slates are counted.

A discussion regarding the expiration of Volodymyr Zelensky's official presidential term notes that Ukraine has not held new elections due to the ongoing war. Claims are made that the Ukrainian constitution lacks a provision for an automatic extension of power, potentially complicating the legal legitimacy of any future peace treaty signatures.

A federal appeals court has ruled that a lawsuit challenging California's election procedures can proceed. The Election Integrity Project California alleges that the state's universal mail-in ballot system and weakened signature verification requirements violate the U.S. Constitution. The suit names Governor Gavin Newsom and Secretary of State Shirley Weber, seeking to enforce uniform and secure vote-counting procedures.

In an interview with American Thought Leaders, Lieutenant General Michael Flynn described the 2020 election as a "crucible moment" for the United States. He expressed concern that the government has lost its connection to "We the People" and emphasized that the country's future depends on reconciling election integrity. Observers noted Flynn appeared weary from his multi-year legal battles.

The upcoming January 6th vote is framed as a "clear and clean discernment" of which Republicans stand with the Constitution versus the "swamp." Barnes suggests that any Senator or Congressman who fails to object to unconstitutional election results should be targeted for primary challenges in 2022 and 2024.

Kamala Harris has not yet resigned her Senate seat despite being the Vice President-elect. Speculation suggests she may be waiting for the results of the Georgia runoff elections to determine if she will need to serve as a tie-breaker in the Senate.

The hosts review a blog post by Dave Winer regarding the consequences of the 2018 midterm elections and the legitimacy of the Trump presidency. The discussion touches on the Democratic sentiment that Trump is an "improper" president and comparisons to the Russian electoral system under Vladimir Putin.

Congressman Al Green is heard arguing that Donald Trump must be impeached to prevent his re-election. The hosts characterize this as a form of election interference and discuss Green's claims of a "constitutional crisis" regarding subpoenas and the firing of James Comey.

White House Press Secretary Sarah Sanders was criticized for stating the President's top priority is protecting Americans, rather than defending the Constitution. Meanwhile, MSNBC's Lawrence O'Donnell claimed that most Americans will definitely not vote for Donald Trump in 2020. The hosts argue that if O'Donnell's analysis were true, the media's obsession with the election and impeachment would be unnecessary.

A scenario is discussed where Congress chooses the president if the Electoral College is deadlocked, potentially leading to a Joe Biden presidency. Biden is criticized for his rhetoric regarding "taking Trump behind the gym," which the hosts compare to the physical aggression Trump has been accused of.

President Obama dismisses suggestions that First Lady Michelle Obama should run for president, stating she would "kill him" if he sought a third term or if she entered politics. The hosts critique the President's phrasing as "misogynistic" and "unlovable," noting his informal use of the phrase "because the Constitution."

The discussion focuses on Senate Joint Resolution 19, a proposed constitutional amendment intended to grant Congress the power to regulate the raising and spending of money in federal elections. The text includes provisions to limit funds spent in support of or opposition to candidates. Critics argue the language is overly broad and could allow the government to legislate private citizens' political expressions.

In Montana, citizens are attempting to use a constitutional proviso to recall elected representatives who voted for the National Defense Authorization Act (NDAA). The hosts praise this effort, suggesting that voting for unconstitutional legislation should be grounds for immediate removal from office in all states.